Smith Co. v. Marano
Supreme Court of Pennsylvania
Appeal, No. 165, Jan. T., 1920, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1917, No. 1801, for plaintiff on case stated in suit of Smith Company, Limited, v. Antonio Marano. Case stated to determine liability for fish sold by plaintiff to defendant. The facts are stated in the opinion of the Supreme Court. The court below in an opinion by Finletter, J., 28 Pa. Dist.
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Appeal, No. 165, Jan. T., 1920, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1917, No. 1801, for plaintiff on case stated in suit of Smith Company, Limited, v. Antonio Marano. Case stated to determine liability for fish sold by plaintiff to defendant. The facts are stated in the opinion of the Supreme Court. The court below in an opinion by Finletter, J., 28 Pa. Dist. R. 848, entered judgment for plaintiff for $3,426.83, being the sum of $2,900 and interest thereon. Defendant appealed. Error assigned was entry of judgment for plaintiff. '
1Opinion of the Court
Opinion by
Me. Chief Justice Brown,
The facts in this controversy are agreed, upon in a case stated. Smith Company, Limited, is a corporation, with its place of business in the City of St. Johns, Newfoundland. The defendant is a resident of the City of Philadelphia, this State, and is engaged in business there. In September, 1916, the plaintiff and defendant, by letters and telegrams, endeavored to complete a contract for the sale of codfish to the latter. As a result of preliminary negotiations, on September 26, 1916, plaintiff made the following offer to the defendant, by telegram : “Will…
2Cases cited2 opinions
- Thames & Mersey Marine Insurance v. United StatesSupreme Court of the United States · 1915
- Mee v. . McNiderNew York Court of Appeals · 1888
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- Smith Co. v. MoscahladesAppellate Division of the Supreme Court of the State of New York · 1920
- Badhwar v. Colorado Fuel and Iron CorporationDistrict Court, S.D. New York · 1955
- York-Shipley, Inc. v. Atlantic Mutual Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
- Gradmann & Holler GmbH v. Continental Lines, SADistrict Court, D. Puerto Rico · 1980
- Northern Grain Warehouse Co. v. Northwest Trading Co.Washington Supreme Court · 1921
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